senate Bill S705

2011-2012 Legislative Session

Requires the legislature to be sequestered if they do not timely pass a budget

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Jan 05, 2011 referred to investigations and government operations

S705 - Bill Details

Current Committee:
Law Section:
Legislative Law
Laws Affected:
Add §5-b, amd §5, Leg L
Versions Introduced in 2009-2010 Legislative Session:
S7237

S705 - Bill Texts

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Provides that if the legislature does not timely pass a budget, it shall be sequestered until legislative passage of such budget; defines sequestered.

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BILL NUMBER:S705

TITLE OF BILL:

An act
to amend the legislative law, in relation to requiring the legislature
to be sequestered if the legislative passage of the budget is not timely

PURPOSE OF THE BILL:

Requires the State Legislature shall be sequestered when there is
failure to pass a timely state budget.

SUMMARY OF PROVISIONS:

The bill adds new section 5-b to the legislative law

JUSTIFICATION:

It is vitally important that the State Legislature pass an on time
budget for the people of New York. When the legislature fails to pass
a timely budget they would be required to stay until a state budget
is passed, only giving them allowances for religious observations.

LEGISLATIVE HISTORY:

2010 Referred to Investigation and Government Operations

FISCAL IMPLICATIONS:

Some cost to the State for Legislative Session.

EFFECTIVE DATE:

This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   705

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the legislative law, in relation to requiring the legis-
  lature to be sequestered if the legislative passage of the  budget  is
  not timely

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The legislative law is amended by adding a new section  5-b
to read as follows:
  S  5-B. ABSENT OF BUDGET BY THE NEW FISCAL YEAR, THE LEGISLATURE SHALL
BE SEQUESTERED. IF LEGISLATIVE PASSAGE  OF  THE  BUDGET  AS  DEFINED  IN
SUBDIVISION THREE OF SECTION FIVE OF THIS ARTICLE HAS NOT OCCURRED PRIOR
TO THE FIRST DAY OF ANY FISCAL YEAR, EACH HOUSE OF THE LEGISLATURE SHALL
BE  SEQUESTERED  UNTIL  SUCH  LEGISLATIVE  PASSAGE  OF  THE  BUDGET  HAS
OCCURRED; PROVIDED, HOWEVER, THAT ALLOWANCES SHALL BE MADE FOR RELIGIOUS
OBSERVANCES.  FOR THE PURPOSES OF THIS SECTION, THE  TERM  "SEQUESTERED"
SHALL  BE  DEFINED  AS  CONFINED TO THE MEMBER'S PROSPECTIVE LEGISLATIVE
CHAMBER UNLESS SESSION IS ADJOURNED FOR  A  MEAL  BREAK  AS  DEFINED  IN
SECTION  ONE HUNDRED SIXTY-TWO OF THE LABOR LAW OR SESSION HAS ADJOURNED
FOR A REST BREAK AFTER THE COMPLETION OF AT LEAST AN EIGHT-HOUR  CONTIN-
UOUS  SESSION  PERIOD.    DURING  SUCH  PERIODS THE LEGISLATURE SHALL BE
DEEMED SEQUESTERED PURSUANT TO THIS  SECTION  AND  SHALL  BE  UNDER  THE
SUPERVISION OF THE STATE POLICE.
  S  2.  Subdivision  3 of section 5 of the legislative law, as added by
chapter 635 of the laws of 1998, is amended to read as follows:
  3. "Legislative passage of the budget", solely  for  the  purposes  of
this  section  and [section] SECTIONS five-a AND FIVE-B of this article,
shall mean that the appropriation bill or bills submitted by the  gover-
nor pursuant to section three of article seven of the state constitution

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02134-01-1

S. 705                              2

have  been finally acted on by both houses of the legislature in accord-
ance with article seven of the state constitution and  the  state  comp-
troller  has  determined that such appropriation bill or bills that have
been  finally acted on by the legislature are sufficient for the ongoing
operation and support of state government and local assistance  for  the
ensuing  fiscal year. In addition, legislation submitted by the governor
pursuant to section three of article seven  of  the  state  constitution
determined necessary by the legislature for the effective implementation
of such appropriation bill or bills shall have been acted on. Nothing in
this  section  shall be construed to affect the prohibition contained in
section five of article seven of the state constitution.
  S 3. This act shall take effect immediately.

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